Sandrift Diamond CC and Others v Trans Hex Mybou Beperk and Others (429/05) [2006] ZANCHC 112 (24 March 2006)

Sandrift Diamond CC and Others v Trans Hex Mybou Beperk and Others (429/05) [2006] ZANCHC 112 (24 March 2006)

The court found that the applicants failed to establish locus standi, as their interest in the prospecting rights was remote and contingent on future events. The refusal of prospecting permits by the second respondent constituted a final administrative decision under PAJA. The applicants did not exhaust internal remedies provided by the Minerals Act, nor did they apply for exemption from this requirement. The application was brought outside the 180-day period prescribed by PAJA. Even if locus standi and the nature of the relief were accepted, the declaratory orders sought were either common cause or not based on a dispute, and the applicants were not parties to the relevant agreements....

Citation
[2006] ZANCHC 112
Parties
Applicant: Sanddrift Diamante CC; Applicant: N A T Diamante BK; Applicant: Crystal Cave Trading 118CC; Applicant: Richtersveld Munisipale Raad; Respondent: Trans Hex Mynbou Beperk; Respondent: Minister of Minerals & Energy; Respondent: Trans Hex Operations (Pty) Ltd; Respondent: Richtersveld Sida! Hub Communal Property Association
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
24 March 2006
Case Number
429/05
Procedural Posture
Urgent Application / Application for Declaratory and Interdictory Relief
Outcome
Application dismissed with costs, including costs of two counsel.
Judges
L P Tlaletsi
Legal Topics
Mining Rights, Prospecting Permits, Locus Standi, Declaratory Relief, Review of Administrative Action, Exhaustion of Internal Remedies
Land and Property Administrative Law Civil Procedure Mining Rights Prospecting Permits Locus Standi Declaratory Relief Review of Administrative Action +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Sanddrift Diamante CC

Applicant

N A T Diamante BK

Applicant

Crystal Cave Trading 118CC

Applicant

Richtersveld Munisipale Raad

Applicant

Trans Hex Mynbou Beperk

Respondent

Minister of Minerals & Energy

Respondent

Trans Hex Operations (Pty) Ltd

Respondent

Richtersveld Sida! Hub Communal Property Association

Respondent

Procedural Posture

Urgent Application / Application for Declaratory and Interdictory Relief

Legal Issues

  1. 1 Whether the applicants have locus standi to seek declaratory and interdictory relief regarding mining and prospecting rights in the Richtersveld area.
  2. 2 Whether the refusal of prospecting permits by the second respondent constitutes a reviewable administrative decision under PAJA.
  3. 3 Whether the applicants have exhausted internal remedies as required by PAJA before approaching the court.

Ratio Decidendi

The court found that the applicants failed to establish locus standi, as their interest in the prospecting rights was remote and contingent on future events. The refusal of prospecting permits by the second respondent constituted a final administrative decision under PAJA. The applicants did not exhaust internal remedies provided by the Minerals Act, nor did they apply for exemption from this requirement. The application was brought outside the 180-day period prescribed by PAJA. Even if locus standi and the nature of the relief were accepted, the declaratory orders sought were either common cause or not based on a dispute, and the applicants were not parties to the relevant agreements....

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • The application is dismissed with costs, such costs are to include the costs consequent upon the employment of two counsel.